COURT NEWS

A roundup of cases processed through Woodstock Provincial Court

By Judy Cole-Underhill

60 days in jail for Lower Brighton woman

Erica Ann Trecartin, 28, of Lower Brighton, was sentenced on April 11 to a total of 60 days in jail after being found guilty on three charges laid by RCMP.

Associate Chief Judge Brian C. McLean also placed her on probation for 18 months and prohibited her from driving for six months. She was ordered to seek counseling for drug and alcohol abuse, employment counseling, and counseling for parenting. Trecartin had a prior criminal record.

While reading from her pre-sentence report, Judge McLean said it was hard not to feel empathy for the accused because of her extremely difficult childhood. As an adult, she was often transient and on drugs, while her peers were pro-criminal. Eventually, Trecartin’s lifestyle led to her losing custody of her children.

She was pregnant when she appeared in court on Tuesday. The court heard she was sober, had a permanent address in Fredericton, and was doing better because she intended to have a healthy pregnancy and keep her unborn child.

“She’s had a hard life and has equally lived hard,” Judge McLean said during sentencing. “I wish better things and a better life for this woman.”

Trecartin was charged with possession of stolen property, flight from police, dangerous driving, and possession of a firearm without a license following a March 16, 2020, incident involving a stolen car in Woodstock.

After finding the stolen vehicle abandoned on Strong Road, RCMP apprehended Trecartin and another individual at Richmond Corner. Police followed footprints in the snow and found Trecartin and a man hiding up a tree in the woods.

Trecartin pleaded not guilty and represented herself during her trial in July 2022. She was found not guilty of dangerous driving but guilty on the three remaining charges.

Woodstock Police also laid three new charges against her. Trecartin was charged with dangerous driving, failing to stop for police, driving while suspended, and breach of probation for an incident on Nov. 3,

2022, in Woodstock. She returns to court for plea on those charges on May 2 at 11 a.m.

Two released with ankle bracelet

Riley Cowper, 19, of Limestone, appeared in provincial court in custody by video on April 5 for a bail hearing and was released with strict conditions, including wearing an electronic monitoring device attached to his ankle. He returns to court on May 3 at 9:30 a.m. for plea on several charges laid by RCMP.

Cowper appeared in provincial court in custody on March 30 and was remanded. He was charged by RCMP with sexual assault involving a female victim, unlawful confinement, and breach of probation, in connection with an incident on March 26 at Limestone.

Judge Sebastian Michaud released Cowper with an order to reside at a residence in Limestone and follow a curfew from midnight to 6 a.m. He must have no drugs, firearms, or weapons in his possession. He is also prohibited from contacting a co-accused, Jacob Jinson, or the female complainant in the case.

Cowper also faces sentencing for another incident at Limestone last year. He was charged by RCMP with assault with a weapon (a hammer and tire iron) involving another man on March 23, 2022. Cowper changed his plea to guilty at an earlier court appearance and a sentencing date was set for May 3.

Jacob Jinson, 24, of Kilmarnock, appeared in provincial court in custody by video on April 3. He was charged with sexual assault involving a female victim, unlawful confinement, and breach of probation concerning the same incident on March 26 at Limestone.

Jinson was also released with strict conditions, including wearing an electronic monitoring device attached to his ankle. He must also follow a curfew and reside at a residence in Oakland. Jinson will return to court for plea on April 25 at 9:30 a.m. Meductic man handed three years in prison

James Fowler, 49, of Meductic, was sentenced on March 20 to three years in federal prison, minus time served, for sexually assaulting a woman in her home in Hartland.

Fowler was charged by RCMP with indictable sexual assault in connection with the incident on March 22, 2020. He was found guilty after trial in December and remanded into custody for sentencing.

In pronouncing sentence, Judge Kelly Winchester noted Fowler had a lengthy prior criminal record, including one previous sexual offense in 2017. She imposed a lifetime registration to the national sex offender list and ordered Fowler to also register with the federal DNA database.

“Sexual assaults are serious acts of violence,” Judge Winchester said. “The facts before me call out for a penitentiary term.”

During the trial, the court heard Fowler went to the woman’s home late one evening to buy some tires she posted for sale online. They exchanged text messages beforehand and he arrived at her residence around 10:30 p.m. She answered the door wearing a bathrobe.

They talked in the kitchen and when Fowler made a pass, the victim told him “sex was not happening.” The woman testified Fowler forcibly led her to the bedroom and pulled her down on the bed, telling her to remove her underwear. They had sexual contact and Fowler left. Her mother later called the police.

In December, Fowler wept with emotion upon hearing the guilty verdict after his trial. On Monday, he sat quietly in the courtroom and kept his head down while listening to final submissions. He stood to address the court before hearing his sentence.

“I want to put this nightmare behind me,” Fowler said. “I have a family to look after and I just want to move on with my life. I leave it with the court to make the right decision.”

Fowler told the judge both he and his family had suffered from the aftermath of his arrest and conviction. He was grateful for the love and support of his fiancé and said they planned to be married soon.

A pre-sentence report revealed Fowler deals with health issues including diabetes and also suffers from anxiety, leaving him unable to work since 2016.

Crown Prosecutor Brian Munn recommended a federal prison sentence of four to five years for the accused. He stressed the sexual assault occurred in the victim’s home, leaving her with emotional and psychological scars, while Fowler expressed no remorse for his actions.

“Just because we can’t see cuts and bruises does not mean the violence is not there,” Munn told the court. “By its inherent nature, sexual assault is violent.”

Munn said the woman did not communicate consent to Fowler, yet all kinds of sexual activity occurred during her encounter with him.

Defence Counsel Michael Young said his client continues to maintain his innocence, arguing the victim “acquiesced” to engaging in sexual acts with Fowler. The defence lawyer explained there was no force, physical violence, or threats involved.

“He was willfully blind (about consent) and she acquiesced,” Young said. “There was no intercourse in this case. If there was, it would move the scale along a little further.”

In reaching her decision, Judge Winchester said “the effect on the sexual integrity of the victim is the same no matter if intercourse does not occur.” The judge also emphasized any person should be able to feel safe in the sanctity of their own home.

Young requested a lighter sentence of one to two years in jail with time served, noting Fowler was remanded for nine days after the incident and put on house arrest for eight months before his trial. Fowler was then remanded back to jail in December to await sentencing.

The defence is expected to appeal Fowler’s conviction for sexual assault to the New Brunswick Court of Appeal.

Fowler also faced a new charge. The court heard he was already listed with the national sex offender registry and was charged with failing to report his address or whereabouts to the registry. He pleaded not guilty and a trial date was set for Aug. 11 at 1:30 p.m. Attack in Juniper

Leads To Prison Sentence

An Ontario man has been sentenced to four and a half years in federal prison, minus time served, for attacking a woman with a knife in Juniper last summer.

Quincy Gosse, 45, of no fixed address, appeared in provincial court in custody by video for sentencing on March 16. In addition to a prison term, Associ- ate Chief Judge Brian

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C. McLean also ordered Gosse to register with the federal DNA database. He was prohibited from having weapons or firearms in his possession and must have no contact with the female victim involved.

Gosse pleaded guilty to aggravated assault causing bodily harm, possession of a weapon dangerous to the public peace (a knife), and breach of an undertaking following an incident on June 4, 2022, at a residence in Juniper. Two other charges were withdrawn by the crown.

“It was a horrifically violent assault on an intimate partner causing significant injuries,” Judge McLean said during sentencing.

The court heard Gosse entered the victim’s residence when he was ordered to have no contact with her. The woman was in the kitchen at the time and as she closed the refrigerator, she turned and saw him with a knife. He grabbed her by the hair and cut her neck.

They began to wrestle over the knife and she suffered another cut to her thumb. Gosse also had a cut to his arm. He let her go and she bolted from the house. She ran for help but her neighbours were not home. Gosse followed her outside and as she went to her vehicle, he pinned her against a tire while still holding a knife.

Her neighbours arrived home. They heard the woman screaming and saw Gosse attacking her. They called police and Gosse fled on foot. The woman was taken to hospital for treatment of a cut to her neck and thumb. Medical evidence revealed the cut on her neck was only millimeters from the jugular vein. She required several stitches for both injuries.

The RCMP arrived and found blood smeared on the hood of a vehicle, on the front door, and a pool of blood on the floor inside the house. Two knives were also found. A police dog was used to search the area for Gosse. He was later found by police hiding inside a closet at the victim’s residence after she had gone to the hospital.

Gosse also pleaded guilty to assault, uttering threats, and mischief causing property damage to her television for another incident at the same residence on April 12, 2022. He received an additional 15 days in jail for that offense. Gosse was highly intoxicated during both incidents and had little recollection of his actions. Defense Counsel Alex Pate described the accused as a chronic alcoholic for years and getting arrested was a “huge wakeup call that probably saved his life.” Gosse plans to move back to Ontario to be close to his family after his release. He had an unrelated prior criminal record.

Suspended sentence, probation

Joyce Boehler, 92, of Richmond Corner, appeared in provincial court for sentencing on March 15. She received a suspended sentence and 12 months of probation.

Boehler was found guilty after trial on a mischief charge laid by RCMP. Judge Sebastian Michaud handed down his verdict in provincial court on Dec. 16, 2022.

Boehler was charged with committing mischief by interfering with her neighbours’ lawful use and enjoyment of their property in connection with an incident on June 28, 2021, at Richmond Corner.

Her daughter, Laura Lee Boehler, 64, of Richmond Corner, is also facing numerous charges in relation to the same ongoing dispute with their neighbours. Neqotkuk man disputes medical report

A Neqotkuk man, who was injured at the Upper River Valley Hospital in Waterville in February, refused to accept the findings of a medical report during his court appearance on March 15.

Raymond Sockabasin, 34, of Neqotkuk (Tobique First Nation), appeared in provincial court in custody by video following a 30-day mental health assessment at the Restigouche hospital.

He was charged by RCMP with assaulting a police officer, committing mischief causing property damage to an ambulance bay window, and resisting arrest following the incident at the Waterville hospital on Feb. 8.

Sockabasin was taken to the Waterville hospital for a mental health check. An altercation occurred on site and he had to be tasered. Sockabasin then smashed out an ambulance bay window and fled on foot in his underwear. He was “bleedSee COURT on pg. 30

COURT cont’d

ing heavily” and ran to the highway where he began flagging down traffic. He was found lying on the ground nearby.

On March 15, the court heard Sockabasin was found fit to stand trial, but his medical report showed “a defence of not criminally responsible was likely available to him.”

Sockabasin told Judge Sebastian Michaud he disputed the findings of the report. He pleaded not guilty to all charges and said he wanted to proceed to trial. A trial date was set for June 19 at 9:30 a.m. He waived his bail hearing and remains in custody. He returns to court for monitoring about his trial on April 18.

Sockabasin was also charged by RCMP with two counts of assaulting a police officer, resisting arrest, committing mischief causing property damage to a police vehicle, and possession of a weapon dangerous to the public peace (two wooden sticks) following another incident on Jan. 24 at Neqotkuk.

Sockabasin was arrested on Jan. 25 and held in custody for a bail hearing on Jan. 30. He was released with conditions and then landed back in custody a week later.

45 days in jail for impaired driving

Brian Higgs, 71, of East Grand Lake, was sentenced to 45 days in jail on April 4 after pleading guilty to impaired driving.

Associate Chief Judge Brian C. McLean also placed Higgs on probation for six months and prohibited him from driving for two years.

Higgs was charged by RCMP following a singlevehicle accident on Dec. 5, 2022, near North Lake. The court heard his truck left the highway and went into a ditch where it struck a power pole.

Police found the accused inside his vehicle with a half bottle of vodka on the passenger seat. His blood alcohol reading was nearly three times the legal limit. A pedestrian was forced to jump out of the way just before Higgs’ truck left the road.

Higgs apologized to the court for his “thoughtless, inexcusable act,” admitting he was drunk behind the wheel and was grateful no one was hurt. Higgs told the court he was an alcoholic but had been sober since the accident. He said he now participates in counseling and meetings with Alcoholics Anonymous and is waiting to enter a re- habilitation program.

“I’m trying to address my problem,” Higgs said before being escorted to jail by sheriffs.

In November, Higgs was fined $2,000 after pleading guilty to another impaired driving offense. He was charged by RCMP in connection with a July 28, 2021, incident at North Lake. Higgs was also prohibited from driving for 12 months.

Sentencing reserved for Rockland man

Samuel Dean Walton, 38, of Rockland, will appear in provincial court on May 2 at 1:30 p.m. for a decision on his sentence for impaired driving. He was in court for sentencing on April 4 when Associate Chief Judge Brian C. McLean reserved his decision until the new date.

Walton was charged by Woodstock Police in connection with an incident on July 14, 2022, in Woodstock. The court heard police received two separate reports about an impaired driver behind the wheel of a grey Honda Civic. One witness reported seeing the vehicle traveling on the wrong side of the highway and almost hitting a sign on Connell Street near the Canadian Tire Store.

Another witness saw the same vehicle sideswipe a camper along Connell Park Road. Police responded and spotted Walton near a campsite at the Connell Park Campground. They found him highly intoxicated behind the wheel of a damaged Honda Civic.

Crown Prosecutor Bronwyn Mooney recommended 60 days in jail for the accused along with a one-year driving prohibition. She noted at the time of his arrest Walton’s blood alcohol reading was three times the legal limit. He had no prior criminal record.

Defence Counsel Peter Hyslop asked the judge to consider doubling the hefty fine for impaired driving, followed by a period of probation for his client. Hyslop said Walton had been sober since the incident, attends counseling, and recently completed a rehabilitation program. He also had a positive presentence report and works as a security guard.

The defence lawyer stressed Walton was a community-minded citizen who continues to have the support of his family and the community he serves. Several letters containing character references were submitted to the court on Walton’s behalf.

“I do take full responsi- bility,” Walton told the court. “I know I did wrong. I’ve worked every day since to make changes. I’m very sorry for what I did.”

Newburg man to stand trial

Jeffrey Richard Bull, 44, of Newburg, appeared in provincial court in custody by video on March 24 to confirm dates for his trial after pleading not guilty to multiple charges laid by RCMP.

Bull will stand trial on June 22 at 9:30 a.m., Aug. 28 at 9:30 a.m., Sept. 7 at 9:30 a.m., and Sept. 8 at 9:30 a.m.

He appeared in court in custody on Feb. 7 and waived his bail. He was arrested by RCMP following an incident on Feb. 6 in Newburg. He was charged with breaching his release order by failing to comply with house arrest and by violating a no-contact order involving a female.

Bull also appeared in provincial court in custody in January for a bail hearing and was released with strict conditions, including wearing an electronic monitoring device attached to his ankle. He was later brought back into custody.

Bull was arrested following a traffic stop on the morning of Jan. 14 on the Grafton Bridge.

He was charged by Woodstock Police with possession of a stolen vehicle (a 2008 GMC Canyon), possession of stolen firearms (two shotguns and a rifle), being an occupant of a vehicle knowing it carried a firearm, improper storage of firearms, possession of a weapon dangerous to the public peace, breach of a release order and breach of probation.

Bull also appeared in court in custody on Jan. 4 and was remanded for a bail hearing and later released with conditions. He was charged by RCMP with indictable breach of probation, possession of methamphetamine, possession of a firearm without a license (a 16-gauge shotgun), possession of a prohibited weapon (brass knuckles), possession of stolen property (a 2022 Toyota Tacoma), and improper storage of a firearm. All of those charges stem from an incident in Debec on Jan. 3. He was also charged with theft of a motor vehicle for an earlier incident in Howard Brook.

Dugan Road man facing more jail time

A Dugan Road man could be facing several more months in jail for engaging in a drug-fuelled rampage through the Debec area last summer.

Joseph Lorne McKinney, 35, appeared in provincial court in custody for sentencing on March 28 after pleading guilty to 15 charges laid by RCMP. He has been in custody since his arrest.

After hearing the evidence, Associate Chief Judge Brian C. McLean reserved his decision on sentence until April 13 at 1:30 p.m.

Crown Prosecutor Bronwyn Mooney recommended McKinney spend 18 to 24 months in jail, minus time served, followed by probation. She also requested he receives an order to register with the federal DNA database, a prohibition on firearms, and a one-year driving prohibition.

McKinney pleaded guilty to break, enter, and theft at a garage in Debec on May 10, 2022. Another charge of possession of stolen property (a lawnmower) was withdrawn by the crown. He also pleaded guilty to two counts of breach of a release order on Aug. 23, 2022, in Woodstock and on Dec. 3, 2022, at Dugan Road.

McKinney also pleaded guilty to 11 other charges laid by RCMP following a police chase between Debec and Benton on July 27, 2022.

He was charged with flight from police, dangerous driving, resisting arrest, assaulting a police officer, possession of stolen property, two counts of theft of a motor vehicle, committing mischief causing property damage, break and enter at the Paintball Club on Dugan Road, theft of alcohol from the Debec Store, and assaulting an on-duty police dog. One other charge was withdrawn by the crown.

Mooney requested McKinney pay $1,000 restitution for the theft of equipment at the Paintball Club and $80 for the stolen alcohol at the Debec Store. The crown prosecutor said the accused had the whole community on alert during the “egregious event” last July.

A senior clerk pursued McKinney on foot for stealing booze from the Debec store and got the license number on the stolen truck he was driving. During a break-in at the nearby Paintball Club on Dugan Road, he fled the scene in the same truck with stolen equipment flying off the back of the vehicle onto the highway.

Judge McLean noted McKinney was “all over hell and back at high speeds” during his rampage. Police tracked the stolen truck he was driving and cornered him on a trail near Hodgdon Road where the truck fetched up on roots and trees.

McKinney then rammed the police vehicle while in reverse, and nearly ran over a police officer and police dog. When the dog grabbed him by the leg, he tried to escape by striking the animal on the head. He denied trying to gouge the dog’s eyes out. McKinney was treated later at the hospital for a dog bite.

After his arrest, the crown said McKinney showed a “blatant disregard” for two release orders and quickly landed back in custody.

“I never dreamed I was capable of such things and I’m disgusted with myself,” McKinney said as he stood to read a written apology. “When you’re high, you don’t care about the consequences or what might happen tomorrow. I am so grateful I got pulled back from the edge before I toppled over.”

McKinney said he intends to make amends for his actions. He told the court he recently ended a toxic relationship with a woman on drugs and wants to get his life back on track.

Defence Counsel Michael Mallory asked for a sentence of 13 to 16 months in jail for his client, minus time served, followed by 18 months probation. The defence lawyer explained McKinney has mental health issues and struggles with drug and alcohol addiction. He got sober in jail and has been working on recovery.

“He went off his medication and into drugs and his life went off the rails,” Mallory stated. “He recognizes how counseling will help him move forward in the future.”

McKinney was denied bail and remanded to provincial jail when he appeared in provincial court in custody by video in December. He was released from custody on Nov. 21, 2022, with strict conditions, including house arrest and wearing an electronic monitoring device attached to his ankle. He was arrested by RCMP and taken back into custody on Dec. 3, 2022, for breaching his release order.

McKinney first appeared in custody for a bail hearing on Aug. 5, 2022, and was released with similar conditions, but was brought back into custody. He was charged by Woodstock Police with breaching his release order on Aug. 23, 2022, and remanded.

Cloverdale man handed fines, conditional sentence

Wyatt Delong, 28, of Cloverdale, appeared for sentencing in provincial court on March 28 after changing his plea to guilty on multiple charges laid by RCMP.

Associate Chief Judge Brian C. McLean took a three-pronged approach in sentencing. The judge levied fines totaling $800, gave Delong 45 days in jail or time served on one set of charges, and then handed him a three-month conditional sentence with a curfew for his remaining offenses.

Delong will be permitted to go to work while serving his conditional sentence. He was also placed on probation for 18 months. He was also prohibited from the use of firearms and must refrain from alcohol or drugs.

Judge McLean noted Delong “made great progress with the support of his family.” The accused severed all ties with the drug culture, took counseling for meth addiction, and secured full-time employment. Delong has been sober for the past seven months and expressed remorse for his crimes.

“He is not a kid, but hopefully he has learned from this situation,” McLean told the court.

Delong spent 52 days in jail on remand after his arrest and then spent 252 days under full house arrest with an ankle bracelet.

He pleaded guilty to possession of stolen property (a snowmobile) on Feb. 28, 2022, in Wilmot; stealing gas from Kojax Petro Canada in Hartford on Feb. 28, 2022; possession of a firearm without a license (a 32-cal lever-action Winchester Model 94), on Aug. 1, 2021, at Centreville; breach of a release order on May 2, 2022, in Cloverdale; possession of a loaded, sawed-off shotgun (forfeited to the crown) and ammunition without a license, possession of a stolen dirt bike, and breach of a release order on May 4, 2022, at Cloverdale.

He also pleaded guilty to two counts of breach of an undertaking for incidents on Nov. 28, 2021, and Jan. 9, 2022, at Cloverdale. Several other charges were withdrawn by the crown.

Delong was also charged with assault causing bodily harm to a female victim on June 12, 2021, at Wilmot. He agreed to sign a 12-month peace bond and have no contact with the complainant.